IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7600/2024 Decided on: 21.03.2025 Kuldeep Singh & Ors. .…Petitioners Versus State of H.P. & Ors. ……Respondents ………………………………………………………………………………… Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner : Mr. Varun Rana, Advocate. For the respondents : Mr. Sikander Bhushan, Deputy Advocate General, for respondents No.1 to 3. Mr. Rishab Negi, Advocate vice Mr. Aman Parth Sharma, Advocate, for respondent No.4. Jyotsna Rewal Dua, J This writ petition has been filed for the grant of following substantive reliefs:- (i) Issue a writ of mandamus directing the respondent no.3 and 4 to ensure the regular payment of pension to the petitioners under the law. ii) Issue a writ of mandamus directing the respondent No. 3 to make the payment of monthly pension to the petitioners regularly in its own level by creating a Fund in accordance with the H.P. Municipal Act, Rules and By-Laws and the directions in this regard issued to the respondent No. 4 be declared unconstitutional and not binding upon the petitioners. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 iii). Issue a writ of mandamus directing the respondents to pay the arrears of pension w.e.f from March 2024 to July 2024 to the petitioners with interest at the rate of 9% per from 01-4-2024 till the date of actual payment. iv). Issue a writ of mandamus directing the respondents to pay the arrears on account of revision of pay scale as per Annexure P-1 to the petitioners alongwith interest. V). Issue a writ of mandamus directing the respondent to pay arrears of revised pension to the petitioners as per Annexure P-2. iv). Issue a writ of mandamus directing the respondents be to make payment of Dearness Relief to the petitioners in accordance with Annexure P-3. 2. Petitioners are aged pensioners and were not being paid monthly pension regularly, hence, they knocked the doors of the Court. Monthly pension was paid to them by the respondents only after orders in that regard were passed on different dates in this writ petition. Reference to some orders is being made hereinafter:- “(i) ‘Order dated 01.08.2024’ Notice. Mr. Gautam Sood, learned Deputy Advocate General and Mr. Aman Parth, Advocate, appear and waive service of notice on behalf of respondents No. 1 to 3 and respondent No. 4, respectively and seek time to file reply(ies). Be filed within four weeks. List thereafter. Learned Counsel for respondent No.4, on instructions, submits that henceforth, pension will be paid on time. On instruction, he submits that insofar as arrears of pension w.e.f. April 2024 till July 2024 is concerned, the process for obtaining 3 funds from government is being expedited and it will be ensured that the same be paid, at the earliest. (ii) ‘Order dated 25.02.2025’ Learned counsel for the petitioners submits that the petitioners, who are aged 74, 68, 80, 69, 60 and 70 years, respectively, have not been paid pension for the months of July, August, November & December 2024 and January 2025. etc. Learned counsel for respondent No.4 disputes the above statement for the month of August, 2024. He, however, admits as a fact that pension has not been paid to the petitioners for other four months. Let respondents clear the entire liability towards pension of the petitioners for the aforesaid months by the next date of hearing, failing which, respondents No. 3 and 4 shall remain present before the Court on the next date. List on 04.03.2025. (iii) ‘Order dated 04.03.2025’ Learned Deputy Advocate General has placed on record instructions dated 27.02.2025 from the Director, Urban Development, Himachal Pradesh-respondent No.3. As per the aforesaid instructions memo, pension for the months of July, November, December, 2024 and January, 2025, in favour of the petitioners has been released on 27.02.2025. List this matter on 06.03.2025. (iv) ‘Order dated 17.03.2025’ Learned counsel for the petitioners submits that the petitioners have not been paid pension for the month of February, 2025. Record of the this petition reflects that monthly pensions are being released to the petitioners by the respondents only pursuant to the orders being passed in that regard. This is very sorry state of affairs. 2. Learned Deputy Advocate General has placed on record a letter dated 15.03.2025 from Director Urban Development, Himachal Pradesh, which states that directions have been issued to the Executive Officer Municipal Council, Joginder Nagar, to pay pension regularly to the retirees of the Municipality including the petitioners. 4 As against above, learned counsel appearing for respondent No.4 (concerned municipality) submits that the finances of Municipal Council, Joginder Nagar, have been stressed as an amount of Rs.59 lakhs approximately has not been released to the Municipality by respondent No.3-State Urban Development Department. That pension can be paid regularly to the retirees/petitioners once the grant is released by respondent No.3-Urban Development to the Municipality. Since the grievance of the petitioners concerns regular release of monthly pension to them and there appears to be deadlock between respondent No.3-Urban Development and respondent No.4-Municipal Council, Joginder Nagar, with respect to discharge of their respective liabilities, let respondents No.3 & 4 to remain present in the Court on 19.03.2025. List on 19.03.2025.” 3. Hearing of this petition on 19.03.2025 was attended by respondent No.3-the Director Urban Development, Government of Himachal Pradesh and respondent No.4-the Executive Officer, Municipal Council, Joginder Nagar, District Mandi. The officers assured adoption of a mechanism, through which, the petitioners will receive their regular monthly pension in future without any delay. For overseeing the compliance, the matter was ordered to be listed for today. 4. During the course of hearing today, learned Deputy Advocate General placed on record instructions memo dated 20.03.2025 from the office of Director, Urban Development, Himachal Pradesh. The gist of these instructions is that the petitioners have now been paid pension for the month of February 2025 or in other words 5 petitioners have paid up-to-date monthly pension as due to them. The respondents have also committed to pay timely pension to the petitioners in future. The Urban Development Department Himachal Pradesh through its letter dated 19.03.2025, has also issued directions to all Urban Local Bodies to personally ensure that pensionary benefits to its retired employees is paid regularly so that the retired employees like the petitioners do not suffer. Copy of office letter dated 19.03.2025 has also been appended alongwith instructions memo. 5. Since the respondents have now undertaken to pay timely monthly pensions to the petitioners for future and have also issued directions to this effect to all the concerned Urban Local Bodies, therefore, the present petition is closed at this stage with liberty to the petitioners to seek appropriate remedy for the redressal of their surviving grievances, in accordance with law, at an appropriate stage. Petitioners are also at liberty to seek appropriate remedy in case, aforesaid undertaking is not adhered to by the respondents with regard to timely payment of monthly pension. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge 21st March, 2025(Rohit)